The mishna brings two opinions relating to one who wants to bequeath to one’s children in a way different than the Torah law – is it allowed and if so, in what cases is it allowed? It seems there are two opinions, however the gemara raises a problem with stating there are two opinions based on the simple reading of the mishna. Two solutions are suggested. The halacha is concluded like Rabbi Yochanan ben Broka who allows one to favor one son over the others or one daughter over the others (in a case where there are no sons). There is a debate regarding Rabbi Yehuda Hanasi’s psak – whether he said “The halacha is like Rabbi Yochanan ben Broka” or whether he ruled in a case like Rabbi Yochanan. This leads to a discussion regarding what the best way to learn a halacha is – by what someone says or by case law? What are the pros and cons of each approach? There are those who say neither is good enough – one must say “This is the halacha and you can act upon it.”
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